CBD's scientific petition
would designate approximately 26.5 million acres of protected habitat
in Alaska's Arctic Ocean

Responding to a formal administrative petition submitted by the Center
for Biological Diversity ("CBD"), the National Marine Fisheries
Service ("NMFS") announced in the Federal Register yesterday
that critical habitat for the Bowhead Whale may be warranted in areas
currently slated for oil and gas development in the Beaufort Sea, a component
of the Arctic Ocean that borders Alaska's North Slope. CBD proposed approximately
26.5 million acres as critical habitat in the petition, and today's announcement
by NMFS indicates that the agency believes that the petition may result
in a critical habitat designation within two years.

"NMFS' action
today is the first step in protecting the Bowhead's home range from incompatible
oil and gas development," said Brent Plater, CBD attorney. "Oil
spills are a big concern in the continued recovery of this species, and
the critical habitat designation will help eliminate the risk of a catastrophic
spill."

The critical habitat
designation is being sought to protect the Bowhead Whale, which inhabits
the Arctic Waters around Alaska's North Shore. Bowheads were hunted almost
to extinction the 19th century, and have been listed as an endangered
species since 1970. Because of their remote location, they are one of
the least well-known baleen whales in the world. However, large-scale
off-shore oil exploration and development has proliferated within the
Bowhead's proposed critical habitat, exposing the Bowhead's to disruptive
noise levels, dangerous oil spills, and deadly collisions with ships.

The ESA defines critical
habitat as "areas essential for the survival and recovery of species."
Federal agencies may not authorize, permit, or fund projects which destroy
or "adversely modify" critical habitat. Many activities in the
proposed critical habitat need permits from federal agencies, and the
critical habitat designation will require the agencies to consult with
NMFS to evaluate the impact of their activities on the whale's habitat.